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Alhaji Ekunola was an employee of Central Bank of Nigeria and the plaintiff in the trial court. His employer Central Bank of Nigeria was the 1st defendant and its personnel Director, Alhaji Mohammed the 2nd defendant. During his employment with Central Bank (the 1st respondent) and pursuant to a contract of employment with the 1st respondent, Alhaji Mohammed (the 2nd respondent) on behalf of the 1st respondent served a query on Alhaji Ekunola (the appellant) for his failure to maintain proper records for the distribution of diesel to designated locations. The appellant responded to the query by writing a letter. Alhaji Ekunola was then invited to appear before the Inter Departmental Committee of the 1st respondent. Following this the appellant was invited to appear before the Central Disciplinary Committee of the 1st respondent and was later dismissed after the sitting of the disciplinary committee. The appellant was dismissed from his employment as of February 2000 after completing 34 years of service to the 1st defendant. Further to dismissal of the appellant from the employ of the 1st respondent, he instituted an action claiming declaratory reliefs as well as orders of injunction. The appellant sought reinstatement to the employ of the 1st respondent as well as restraining orders of injunctions and damages for wrongful and illegal termination of contract of employment.
The learned trial judge Sanyaolu J., dismissed the plaintiff/appellant’s suit against the 1st defendant on the ground that he failed to discharge the burden of proof placed on him by law to entitle him to judgment on his claim and also that the 1st defendant complied with the provisions of its Staff Manual (Exhibit D) in dismissing him from his employment. The trial Judge also struck out the name of the 2nd respondent from the suit.
The plaintiff/appellant filed an appeal being dissatisfied with the judgment of the trial court.